Oireachtas Joint and Select Committees
Thursday, 24 September 2015
Joint Oireachtas Committee on the Implementation of the Good Friday Agreement
Outstanding Legacy Issues affecting Victims and Relatives in Northern Ireland: Discussion
9:30 am
Mr. John Kelly:
Regarding our case, we had the campaign up and running. The Irish Government was very helpful. We had the help of John Bruton and Bertie Ahern, who came on board. They produced a report that destroyed the Widgery report. That certainly helped us in getting a brand new inquiry. We had it in 2010. I am sorry - the Saville inquiry was announced in 1998. Out of that came the full vindication of all of our people.
Truth commissions have been mentioned many times, but the Bloody Sunday inquiry led by Lord Saville was a truth commission. The soldiers who committed the atrocity had the opportunity to tell the truth. Things were put in place. For example, they had partial immunity from prosecution whereby they could not implicate themselves if they admitted to the murder of any of the victims of that day, but they did not take that opportunity. Everyone must participate, come forward and give the truth of his or her actions. In our experience of the Bloody Sunday inquiry, that did not happen.
Regarding the murder investigation, our belief is that the day after Lord Saville produced his report, the soldiers should have been arrested and prosecuted. Lord Saville found the truth of what happened that day, that murder happened on our streets. It is like everything else, though. It is out of our hands and we must go with the process. The Public Prosecution Service, PPS, decided to consider the report and advised the PSNI to set up a murder investigation. Believe it or not, prior to the Saville inquiry, there was never an RUC or PSNI murder investigation into Bloody Sunday. The reason we were given for this was that the then RUC and the British army made a deal over tea and biscuits that the army would investigate its soldiers while the RUC investigated civilians. In other words, Bloody Sunday was pushed under the carpet to protect the murders and the people who planned the operation.
I know the soldier who murdered my brother. I will not tell members his name, but he is known as soldier F. Soldier F murdered my brother. We know this because the bullet that killed Michael entered his stomach and embedded itself in his spine. As far as I am concerned, soldier F should have been arrested straight after Lord Saville made his report. Soldier F murdered four people in total that day. He was given the opportunity to tell the truth through the Bloody Sunday inquiry and what it had put in place to allow him to tell the truth. Truth gathering in the North would be difficult, particularly given the fact that, when people got an opportunity within an inquiry to tell the truth without incriminating themselves, they did not take it. For me, a truth commission is out. It would never happen.
Turning to the victims, I have never been asked what I want by anyone. My family has never been asked. Thousands of families have never been asked what they want. There are people sitting down and making decisions on our behalf. That is not right. We should have an input into what happens to our future and what should be done to help families get through what they are experiencing now.
It is 44 years since Bloody Sunday and many people have died. My mother and father are dead. All of the mammies and daddies have passed away. Half of the injured have died. One of the wives passed away last year. This is the situation as far as we are concerned. Including the historical investigations unit, HIU, will take another five years. They are waiting for people to die and then the problem will be resolved. That is how many of us see it. It is a question of time - wait, wait, wait and die, die, die. There will be no one left to answer to. Even the soldiers who committed the atrocity on Bloody Sunday will die some day. Hopefully not before my time, because I want to see soldier F in a court of law being prosecuted for my brother's death. If they keep putting things back, though, that will not be the situation. There will be no one left.
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